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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is an insurance company. The Intervenor joining the Defendant (hereinafter “ Intervenor”) is the owner of D concrete pumps (hereinafter “instant vehicles”), and the Defendants are the owners of each building partially destroyed due to the accidents described in the following sub-paragraph (c).
B. On April 1, 2016, with respect to the Intervenor and the instant vehicle, the Plaintiff entered into an insurance contract of the term of insurance from April 1, 2016 to April 24:00, and from April 1, 2017, the insured amount of insurance from April 1, 2016 to April 24:00, and from the Intervenor, the insured amount of insurance premium of KRW 2,245,750 (hereinafter “instant insurance contract”).
C. On April 15, 2016, around 15:30, the driver of the instant vehicle: (a) stopped the instant vehicle at the Gpenta parking lot in order to perform the work of removing swimming concrete in the “Gpenta” located in the “Gpenta” located in the Defendant’s possession; (b) operated the boom booming boom by cutting the boom booming equipment to prevent heavy equipment; (c) the instant vehicle was driven by the instant vehicle; (d) a part of the boom axis boom boom boom boom boom booms owned by the Defendant; and (e) an accident occurred in the attached list where the wall and the roof of the Defendant B’s residential building located in the vicinity of the Gpenta (hereinafter “instant accident”).
Section 2 of Section 2 of the content of the indemnification in Part II Automobile Insurance (personal Compensation II and Compensation for Damages) and Article 6 (Compensation for Damages) 2 of the Act on Real Compensation, an insurance company shall compensate for damages suffered by the insured from the removal of or damage to another person's property due to an insured motor vehicle accident that occurred while the insured owns, uses or manages the insured motor vehicle.
Article 8 (Non-Compensation; hereinafter referred to as “instant exemption clause”) (3) Any of the following damages shall not be compensated for property damage:
6. Underground cables, when the insured has used or managed the insured motor vehicle for performing the construction work.